RELEASE OF LIABILITY, ASSUMPTION OF RISK,
WAIVER OF CLAIMS & INDEMNIFICATION AGREEMENT
Notice – By signing this document you may be waiving certain legal rights, including the right to sue. Release and Waiver of Claims; Assumption of the Risk; Indemnification Agreement
In consideration of being allowed to use the facilities and participate in Guided Aerial Adventure Park/Zip Line and other activities (collectively the “Activities”) provided by Mountain Ridge Adventures LLC (the “Host”), the Participant, and the Participant’s parent(s) or legal guardian(s) if the
Participant is a minor, do hereby agree, to the fullest extent permitted by law, as follows:
1) TO WAIVE ALL CLAIMS that they have or may have against the Host arising out of the Participant’s participation in the Activities or the use of any equipment provided by the Host (“Equipment”), including while receiving instruction and/or training;
2) TO ASSUME ALL RISKS of participating in the Activities and using the Equipment, even those caused by the negligent acts or conduct of the Host, its owners, lessor, affiliates, operators, employees, agents, and/or officers. The Participant and his/her parent(s) or legal guardian(s) understand that there are inherent risks of participating in the Activities and using the Equipment, which may be both foreseen and unforeseen and include serious physical injury and death;
3) TO RELEASE the Host, its owners, lessor, affiliates, operators, employees, agents, and officers from all liability for any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of his/her participation in the Activities and/or use of the Equipment, including while receiving instruction and/or training. The Participant and his/her parent(s) or legal guardian(s) specifically understand that they are releasing any and all claims that arise or may arise from any negligent acts or conduct of the Host, its owners, lessor, affiliates, operators, employees, agents, and/or officers, to the fullest extent permitted by law. However, nothing in this Agreement shall be construed as a release for conduct that is found to constitute gross negligence or intentional conduct;
4) TO INDEMNIFY the Host, its owners, lessor, affiliates, operators, employees, agents, and/or officers, from all liability for any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of participation in the Activities and/or use of the Equipment, including while receiving instruction and/or training;
5) TO ACKNOWLEDGE that COVID-19 (and similarly transmitted contagions) is a virus that causes respiratory illness, among other symptoms, and can be spread through human-to-human contact, as well as respiratory droplets, and contact with surfaces previously touched by an infected
person. COVID-19 is a relatively new disease, much of which is yet unknown. The Host does not profess to be experts on COVID-19. Participants should gather their own information from experts/reliable sources concerning COVID-19 and make their own opinions about the risks involved
in participating in any activity. Known risks of contracting COVID-19 include, but are not limited to respiratory illnesses, as well as potential death. Some infected with COVID-19 may be asymptomatic and not know they are infected. Therefore, there is a risk of contracting COVID-19 even if those you interact with do not exhibit any symptoms. There are also other contagions that are transmitted in a similar manner.
Photography/Video Release
Participant hereby grants to the Host, its representatives, and employees the right to take photographs/videos of Participant in connection with Participant’s participation in the Activities. Participant hereby authorizes the Host to copyright, use, and publish the same in print and/or
electronically. Participant hereby agrees that the Host may use such photographs of Participant for any lawful purpose, including but not limited to publicity, illustration, advertising, and Web content.
RELEASE OF LIABILITY, ASSUMPTION OF RISK, WAIVER OF CLAIMS & INDEMNIFICATION AGREEMENT
Contact Tracing
If contamination by Covid-19 or other communicable disease is suspected in connection with the Activities of the Host, and contact tracing is sought by a government health authority, the Participant agrees that the Host may release the Participant’s contact information to the health authority.
Personal Responsibility
1) The Participant and his/her parent(s) or legal guardian(s) certify that Participant has no physical or mental condition that precludes him/her from participating in the Activities and that he/she is not participating against medical advice;
2) The Participant and his/her parent(s) or legal guardian(s) understand that Participant’s participation in the Activities is voluntary and further understand that they have the opportunity to inspect the Host’s Equipment and facilities before any participation;
3) The Participant and his/her parent(s) or legal guardian(s) understand that Participant is obligated to follow the rules of the Activities and that he/she can minimize his/her risk of injury by doing so and through the exercise of common sense and by being aware of his/her surroundings;
4) If, while participating in the Activities, the Participant or his/her parent(s) or legal guardian(s) observe any unusual hazard or condition, which they believe jeopardizes Participant’s personal safety or that of others, Participant and/or his/her parent(s) or legal guardian(s) will remove Participant from participation in the Activities and immediately bring said hazard or condition to the attention of the Host;
5) To the extent that any portion of this Agreement is deemed to be invalid under the law of the applicable jurisdiction, the remaining portions of the Agreement shall remain binding and available for use by the Host and its counsel in any proceeding;
6) COVID-19: Participant does not share a household with anyone who has been diagnosed with COVID-19, and has not been diagnosed with COVID-19. Participant, to the best of his/her knowledge, has not been exposed to anyone who has been diagnosed with COVID-19, or who has exhibited symptoms of COVID-19, including but not limited to fevers, chills, muscle aches, dry coughs, loss of taste or smell, shortness of breath or difficulty breathing. For the past 14 days, Participant has not had any symptoms such as a fever, chills, muscle aches, dry coughs, loss of taste or smell, shortness of breath or difficulty breathing. I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY
SIGNING THIS AGREEMENT I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING
THE RIGHT TO SUE.
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